Tuesday, March 15, 2011

Al-Muwatta' of Imam Malik - Drinks - Hadith

The Hadd for Drinking Wine

1 Yahya related to me from Malik from Ibn Shihab that as-Sa'ib ibn Yazid
informed him that 'Umar ibn al-Khattab came out to them. He said, "I have found
the smell of wine on so-and-so and he claims that it was the drink of boiled
fruit juice. I am inquiring about what he has drunk. If it intoxicates, I will
flog him." 'Umar then flogged him with the full hadd.

[In Bukhari]

2 Yahya related to me from Malik from Thawr ibn Zayd ad-Dili that 'Umar ibn
al-Khattab asked advice about a man drinking wine. 'Ali ibn Abi Talib said to
him, "We think that you should flog him for it with eighty lashes - because when
he drinks, he becomes intoxicated, and when he becomes intoxicated, he talks
confusedly, and when he talks confusedly he tells lies." (Eighty Lashes is the
same amount as for slander). 'Umar impsed eighty lashes for drinking wine.

3 Yahya related to me from Malik from Ibn Shihab that he was asked about the
hadd imposed on a slave for drinking wine. He said, "I heard that he has
half the hadd of a free man for drinking wine. 'Umar ibn al-Khattab, 'Uthman
ibn 'Affan and 'Abdullah ibn 'Umar flogged their slaves with half of the hadd
of a free man when they drank wine."

4 Yahya related to me from Malik from Yahya ibn Sa'id that he heard Sa'id ibn
al-Musayyab say, "There is nothing that Allah does not like to be pardoned as
long as it is not a hadd."

Yahya said that Malik said, "The sunna with us is that the hadd
is imposed against anyone who drinks something intoxicating, whether or not he
becomes drunk."

 

42.2 Containers Forbidden for Preparation of Nabidh*

5 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that the
Messenger of Allah, may Allah bless him and grant him peace, addressed the
people on one of his raids. 'Abdullah ibn 'Umar said, "I went towards him, but
he finished before I reached him. I asked about what he had said. Someone said
to me, 'He forbade preparing nabidh in a gourd or in a jug smeared with
pitch.' "

* A drink prepared by boiling fruit.

[In Mulsim]

6 Yahya related to me from Malik from al-'Ala' ibn 'Abd ar-Rahman ibn Ya'qub
from his father from Abu Hurayra that the Messenger of Allah, may Allah bless
him and grant him peace, forbade preparing nabidh in a gourd or in a jug
smeared with pitch.

[In Muslim]

 

42.3 Mixtures of Fruit Disapproved for Making Nabidh

7 Yahya related to me from Malik from Zayd ibn Aslam from 'Ata' ibn Yasar
that the Messenger of Allah, may Allah bless him and grant him peace, forbade
preparing nabidh from nearly ripe dates and fresh dates together, and from dates
and raisins together.

[In Bukhari and Muslim]

8 Yahya related to me from Malik from a reliable source from Bukayr ibn
'Abdullah ibn al-Ashajj from 'Abd ar-Rahman ibn al-Hubab al-Ansari from Abu
Qatada al-Ansari that the Messenger of Allah, may Allah bless him and grant him
peace, forbade making nabidh from dates and raisins together, and nearly ripe
dates and fresh dates together.

[In Bukhari and Muslim]

Malik said, "That is the way of doing things among us which the people of
knowledge in our city continue to observe. It is disapproved of because the
Messenger of Allah, may Allah bless him and grant him peace, forbade it."

 

42.4 Wine Made Haram

9 Yahya related to me from Malik from Ibn Shihab from Abu Salama ibn 'Abd
ar-Rahman that 'A'isha, the wife of the Prophet, may Allah bless him and grant
him peace, said, "The Messenger of Allah, may Allah bless him and grant him
peace, was asked about mead and he replied, 'Every drink which intoxicates is
haram
.' "

[In Bukhari and Muslim]

10 Yahya related to me from Malik from Zayd ibn Aslam from 'Ata' ibn Yasar
that the Messenger of Allah, may Allah bless him and grant him peace, was asked
about al-ghubayra'. He said, "There is no good in it," and forbade it.

Malik said, "I asked Zayd ibn Aslam, 'What is al-ghubayra'?*' He
replied, 'It is an intoxicant.' "

[*It is made either from rice or millet.]

11 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that
the Messenger of Allah, may Allah bless him and grant him peace, said, "If
someone drinks wine in this world and does not turn from it in repentance, it
will be haram for him in the Next World."

[In Bukhari and Muslim]

 

42.5 General Section on Wine Being Made Haram

12 Yahya related to me from Malik from Zayd ibn Aslam that Ibn Wa'la al-Misri
asked 'Abdullah ibn 'Abbas about what is squeezed from grapes. Ibn 'Abbas
replied, "A man gave the Messenger of Allah, may Allah bless him and grant him
peace, a small water-skin of wine. The Messenger of Allah, may Allah bless him
and grant him peace, said to him, 'Don't you know that Allah has made it haram?'
He said, 'No.' Then a man at his side whispered to him. The Messenger of Allah,
may Allah bless him and grant him peace, asked what he had whispered and the man
replied, 'I told him to sell it.' The Messenger of Allah, may Allah bless him
and grant him peace, said, 'The One who made drinking it haram has made
selling it haram.' The man then opened the water-skins and poured out
what was in them."

[In Muslim]

13 Yahya related to me from Malik from Ishaq ibn 'Abdullah ibn Abi Talha that
Anas ibn Malik said, "I was serving wine to Abu 'Ubayda ibn al-Jarrah, Abu Talha
al-Ansari amd Ubayy ibn Ka'b. The wine had been prepared from crushed ripe dates
and dried dates. Someone came to them and said, 'Wine has been made haram.'
Abu Talha ordered me to go and take the jugs and break them. I stood up and went
over and got a mortar of ours and I struck them with the bottom of it until they
broke."

[In Muslim]

14 Yahya related to me from Malik from Da'ud ibn al-Husayn that Waqid ibn 'Amr
ibn Sa'd ibn Mu'adh informed him from Mahmud ibn Labid al-Ansari that when 'Umar
ibn al-Khattab went to Syria, some Syrians complained to him about the bad
climate of their country and its heaviness. They said, "Only this drink helps."
'Umar said, "Drink this honey preparation." They said, "Honey does not help us."
A man from the people of that land said, "Can we give you something of this
drink which does not intoxicate?" He said, "Yes." They cooked it until
two-thirds of it had evaporated and one-third of it remained. Then they brought
it to 'Umar who put his finger in it and then raised his head and extended it.
He said, "This is fruit juice concentrated by boiling. This is like the
distillation which you smear on camel's scabs." 'Umar ordered them to drink it.
'Ubada ibn as-Samit said to him, "You have made it halal, by Allah!" 'Umar
said, "No, by Allah! O Allah, I will not make anything halal for them
which You have made haram for them! I will not make anything haram
for them which You have made halal for them!"

15 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that
some men from Iraq said to him, "Abu 'Abd ar-Rahman, we buy the fruit of the
palm and grapes and we squeeze them into wine and sell it." 'Abdullah ibn 'Umar
said, "I call on Allah and His angels and whatever jinn and men hear to testify
to you that I order you not to buy it nor sell it nor press it nor to drink it
nor to give it to people to drink. It is something impure from the work of
Shaytan."

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